Assign the earlier acceptance concretely
Our editorial recommendation: Have explained who accepted which building components for whom and when. Request the relevant documents for this purpose. A general reference to the property management or to a meeting that has already taken place does not yet answer the question of representation and contractual connection.
Also note the date of your own planned purchase contract and its scope of performance. A viewing of your flat is not a full technical inspection of the roof, façade and other common components. This article does not assess these components from a distance.
Have the contract type checked first
§650u BGB describes the developer contract with construction performance and at the same time the intended transfer of ownership or hereditary building right. [VERTRAGSTYP] Whether your specific later acquisition falls under the appropriate contract-for-work framework must be determined by advice based on the actual contract. The age of the development or the heading “Kaufvertrag” is not used here alone as a conclusive classification.
If claims for defects under a contract for work are affected, the reference to acceptance under §634a para. 2 is significant for the limitation period review. [VERJAEHRUNG] Therefore a retroactive clause can mean more than an organisational shortcut. The article does not calculate a personal warranty period.
Assess the latecomer clause independently
In the judgment VII ZR 49/15 of 25.02.2016 the BGH assessed a standard terms clause used by the developer to bind purchasers who concluded their contracts later to an earlier acceptance of the common property as ineffective because it resulted in an indirect shortening of the limitation period. [NACHZUEGLER]
This is a concrete review hint for corresponding formulations. It does not declare every older acceptance invalid and does not determine a blanket solution for every later flat purchase. Submit the complete clause together with the contractual context; do not transfer the historical case solely on the basis of a similar keyword.
Hypothetical case: The old appointment is understood as consent of your own
A buyer receives an acceptance protocol from a year in which he did not yet have a contract for the flat. The new draft is to adopt this status for him as well. He wants to tick it off because other residents have lived in the building for longer.
Instead, he has the contract type, the effect of the clause and the acceptance relevant to him clarified. His own technical inspection is coordinated with the legal result. The example does not assert any specific defect or any concrete outstanding claim.
Combine legal review and condition assessment
Record known common defects, earlier remedial works and outstanding services with their actual evidence. Clarify which declaration is expected from you and what it relates to. An unclear clause should not be treated as resolved by another casual signature.
The usable result is a comprehensible position for your own contract: which services are owed, which acceptance applies to whom and which legal deadlines must be observed specifically? The already occupied development and an existing old protocol alone do not answer these questions.